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UNIVERSITY GF teeet 9 


AM&£NDMENTS TO GENERAL LAWS OF THE 
STATE OF VERMONT RELATING TO LABOR 


Enacted by the General Assembly of 1923 


No. 105 


AN ACT TO AMEND CERTAIN SECTIONS OF CHAP- 
TER 241 OF THE GENERAL LAWS RELATING TO 
EMPLOYERS’ LIABILITY AND WORKMEN’S COM- 
PENSATION. 


It is hereby enacted by the General Assembly of the 
State of Vermont: 


Section 1. Section 5761 of the General Laws is here- 
by amended so as to read as follows: 


Sec. 5761. The commissioner of industries shall not 
be bound by common law or statutory rules of evidence or 
by technical or formal rules of procedure except as provided 
in this chapter, but may make such investigation or inquiry 
or conduct such hearing or trial in such manner as to as- 
certain the substantial rights ef the parties. 


Said commissioner may, upon the application of a party 
in a cause pending before him, and on such notice to the 
adverse party or his attorney as the commissioner thinks 
reasonable, issue a commission to a person designated by 
the commissioner, to take the testimony of a person resid- 
ing or being without the State; and such testimony shall be 
taken upon interrogatories settled by the order of the com- 
missioner or upon oral examination, as he directs. 


Sec. 2. Section 5768 of the General Laws is hereby 
amended so as to read as follows: 


Sec. 5768. The provisions of this chapter shall apply 
to all public and industrial employment, as hereinbefore 


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defined, but shall not apply to domestic servants or to em- 
ployers who regularly employ but ten employees or less, 
provided that an employer who employs ten employees or 
less, may notify said commissioner that he wishes to be in- 
cluded within the provisions of this chapter; and thereafter, 
the provisions of this chapter shall apply to him, the same 
as if he employed more than ten employees. A charitable, 
religious, educational or other corporation, institution, as- 
sociation, partnership, or individual engaged in a business, 
trade or occupation which is not carried on for the sake of 
pecuniary gain, may voluntarily come within the provisions 
of this chapter by giving a similar notice. If a workman 
receives a personal injury by accident arising out of and in 
the course of such employment, his employer or the insur- 
“ance carrier shall pay compensation in the amounts and to 
the person or persons hereinafter specified. 


Sec. 8. Section 5783 of the General Laws is hereby 
amended so as to read as follows: 


Sec. 57838. In case of the death of a person from any 
cause other than the accident during the period of payments 
for disability or for the permanent injury, the remaining 
payments for disibility then due and—or for the permanent 
injury shall be made to his dependents according to the 
provisions of section five thousand seven hundred and sev- 
enty-nine, or if there are none, the remaining amount due, 
but not exceeding one hundred dollars, shall be paid in a 
lump sum to the proper person for funeral expenses. 


See. 4. Section 5801 of the General Laws is hereby 
amended so as to read as follows: | 


See. 5801. If the employer and an injured employee, or 
the dependents of a deceased employee enter into an agree- 
ment in regard to compensation payable under the provis- 
ions of this chapter, a memorandum thereof shall be filed 
with said commissioner; and, if approved by him, such 
agreement shall be enforceable and subject to modification 
as provided by sections five thousand eight hundred and 
five, and five thousand eight hundred and nine. Said com- 
missioner shall approve such an agreement only when the 
terms thereof conform to the provisions of this chapter; pro- 
vided, however, that a compromise agreement may be ap- 
proved by said commissioner when he is clearly of the opin- 
ion that the best interests of such employee or such de- 
pendents will be served thereby. A compromise settlement 
during pendency of an appeal to county court or to Supreme 
Court shall be effective only with the approval of said com- 
missioner in accordance with this section. 


Approved March 30, 1923. 


NO. 106 


AN ACT TO AMEND SECTIONS 5807 AND 5808 OF THE 
GENERAL LAWS RELATING TO APPEALS FROM 
Rien OF THE COMMISSIONER OF INDUS- 


It is hereby enacted by the General Assembly of the 
State of Vermont: 


Section 1. Section 5807 of the General Laws is hereby 
amended so as to read as follows: 


Sec. 5807. Within ten days after copies of an award 
have been sent as provided by this chapter, either party 
may appeal to the county court of a county wherein a civil 
action between the parties would be triable. The provis- 
ions of sections one thousand six hundred and ninety-five 
and one thousand six hundred and ninety-six as to the time 
for entering and docketing such appeals and for the apellee’s 
appearance shall apply to such appeals. The superior 
judges shall, by general rules, provide for the procedure 
to be followed on such appeals and either party shall be 
entitled to a trial by jury under stich general rules as said 
judges may prescribe. The jurisdiction of said court shall 
be limited to a review of questions of fact or questions of 
fact and law certified to it by said commissioner and upon 
completion of the case in county court, either after trial or 
upon remand from the supreme court, the clerk shall certify 
the findings of the court to said commissioner who shall 
thereupon make a new order in accordance therewith and 
shall forthwith send to each of the parties a copy of such 
order. Such new order shall have all the force and effect 
of an award made pursuant to the provisions of section five 
thousand eight hundred and two and shall supersede the 
award previously made by said commissioner. 


Sec. 2. Section 5808 of the General Laws is hereby 
amended so as to read as follows: : 


Sec. 5808. If an appeal is not taken under the provis- 
ions of the preceding section within the time limited there- 
for either party may, within five days threafter, appeal to 
the supreme court; and the jurisdiction of said court shall 
be limited to a review of questions of law certified to it by 
said commissioner. On such appeal or on an appeal taken 
as provided in the preceding section and coming to the su- 
preme court on exceptions from county court said supreme 
court may render final judgment and award execution, or 
may remand the cause to the county court or to said com- 
missioner for further findings or for new order by said com- 
missioner in accordance with the mandate of said court. 


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“Approved March 3, 1923. 


